Green Card Holder living in Canada

[HandmadeTurnip 150]

It never ceases to amaze me how many people come here to ask for information and advice when they apparently know more than everyone already.

[Crazy Cat 41,850]

1 hour ago, Britt1976 said:

When you get divorced your PR gets pulled unless you can prove it wasn’t a marriage of convenience.

Where did you find that????   Absolutely incorrect.

[Britt1976 22]

Excuse me It happened to me!!! I went through interviews and had submit affidavits from me and my husband saying it was a true marriage. Who are you to say my experience is incorrect!! Unbelievable!! Educated yourself before opening your mouth!!! Do you think someone can get a green card through marriage and then get divorced and not get questioned  on the legitimacy of the marriage??? If that was the case everyone would be doing it. I’m not commenting on this anymore. Its as waste of time with the stupidity of these remarks. 

[Crazy Cat 41,850]

6 minutes ago, Britt1976 said:

Excuse me It happened to me!!! I went through interviews and had submit affidavits from me and my husband saying it was a true marriage. Who are you to say my experience is incorrect!! Unbelievable!! Educated yourself before opening your mouth!!! Do you think someone can get a green card through marriage and then get divorced and not get questioned  on the legitimacy of the marriage??? If that was the case everyone would be doing it. I’m not commenting on this anymore. Its as waste of time with the stupidity of these remarks. 

You are close to violating the terms of service......posters are not allowed to put conditions on the posts of others...and insulting other posters.........you have gotten accurate information in this thread.  

Edited July 3, 2020 by Lucky Cat

[carmel34 3,626]

OP, I don't think @Lucky Cat was commenting on your specific experience, but reacting to your general statement that any green card holder's status gets pulled when getting a divorce, as we see many instances here on VJ every week where that doesn't occur.  The level of scrutiny depends on the circumstances of each case, often ROC with a divorce waiver is successful.  As for your question about re-entering the US after a long period out of the country, my other comments are the best I could come up with, sincerely trying to help you, I think an SB-1 returning resident visa is your best path forward, you can claim that the COVID-19 situation prevented you from returning to the US before your re-entry permit expired and hope it gets approved, although the IO might question why you couldn't return before April when your re-entry permit expired--even with the US/Canada border closure, LPRs can enter the US.

[Ash.1101 1,756]

39 minutes ago, Britt1976 said:

Excuse me It happened to me!!! I went through interviews and had submit affidavits from me and my husband saying it was a true marriage. Who are you to say my experience is incorrect!! Unbelievable!! Educated yourself before opening your mouth!!! Do you think someone can get a green card through marriage and then get divorced and not get questioned  on the legitimacy of the marriage??? If that was the case everyone would be doing it. I’m not commenting on this anymore. Its as waste of time with the stupidity of these remarks. 

Literally everyone that gets divorced gets questioned unless they have POUNDS of evidence. Some people come on here knowing they're divorcing before they even apply for their 10 year green card and end up fine.

 

I think the problem is, is that you felt you had a bad experience prior regarding marriage and immigration, when your experience is routine and expected to anyone who has seen it (most of us).

 

The good news is, your immigration problems will be residency related and not marriage related.

 

Go marry your significant other, go be happy, debate on living in Canada, America is on fire right now.

 

Good luck with everything and make sure to do your research in case you have to do a spousal visa if your PR status gets revoked.

[Ash.1101 1,756]

31 minutes ago, carmel34 said:

OP, I don't think @Lucky Cat 

 

Although the IO might question why you couldn't return before April when your re-entry permit expired--even with the US/Canada border closure, LPRs can enter the US.

the last part is the part that would get the OP sadly. 

[Crazy Cat 41,850]

47 minutes ago, Ash. said:

Literally everyone that gets divorced gets questioned unless they have POUNDS of evidence.

A 10 year Green Card holder will get questioned by USCIS if they divorce their spouse?   I know there would be questions for a conditional green card holder, I have not seen a 10 year GC holder get their "PR pulled" for divorce or marriage.

 

The OP said "When you get divorced your PR gets pulled unless you can prove it wasn’t a marriage of convenience."    (underline added by me)

Edited July 3, 2020 by Lucky Cat

[HRQX 4,145]

2 hours ago, Britt1976 said:

The only reason it wasn’t done in April was bc the boarders were closed.

That's not a valid excuse. Your entry to the US as a Lawful Permanent Resident was already defined as "essential travel" https://www.federalregister.gov/documents/2020/03/24/2020-06217/notification-of-temporary-travel-restrictions-applicable-to-land-ports-of-entry-and-ferries-service

[JFH 12,190]

2 hours ago, Britt1976 said:

I don’t want to get PR through a new marriage. I want to keep my current status.  It DOES matter if you get divorced. I stayed in the country for 4 years as a resident after my divorce but still got called in after it was finalized for an interview and had to prove it wansnt a marriage of connivence. They could have pulled it from me and I would have had to resort to a work visa. I had company lawyers that I went through for the entire process. 
 

No I have not tried that, but will look into it thank you. 

You actually paid someone to give you such bad information?

 

Jesus wept.

 

If you obtain residency based on marriage, and the marriage is less than 2 years old at the time, your residency is conditional. After 2 years you must demonstrate that the marriage was bona fide in order for the residency to become unconditional (the terminology is important - unconditional, no conditions regarding marriage, etc). That’s why that process is called “removal of conditions”. Even if you are divorced at this stage, provided you can demonstrate that the marriage was entered into in good faith, your residency conditions can be removed. You can then live in the USA with a green card for the next 40 years, or as long as you want, and marry whomever you want and divorce whomever you want. Your residency at that stage is unconditional. Clue is in the terminology. 

Edited July 3, 2020 by JFH

[SalishSea 17,829]

3 hours ago, Britt1976 said:

No actually you cant get married and divorced 100 times. When you get divorced your PR gets pulled unless you can prove it wasn’t a marriage of convenience. The answers that were given did not say that my PR would not be affected if I get married and that was the answer I was looking for, not comments on my abandonment and comments about where I get married. And prepare for the worst? I can go back and get a reentry permit next month and be fine, so your comments are not helpful. 

You have much research to do.  Good luck.

[carmel34 3,626]

15 hours ago, Britt1976 said:

Hi I have a unique situation. I am Canadian and I lived in the us for 10 years. During that time I obtained my green card. I met my American Fiancé there and we had a child together. Due to health issues with our daughter, we had to move to Canada before I obtained my citizenship. Since that time I have been on a travel visa but can not obtain a new one as I am not able to travel back to the US due to COVID. My fiancé and I had planned our wedding, but it has been postponed due to travel restrictions and having family in both countries. Would getting married in Canada, change anything for my green card? I need a solution or my green card will be pulled due to being out of the country. Thanks in advance. 

In reflecting on your original post and reading through all of your comments, it looks like your status as an LPR may have been abandoned and you may not be allowed back in the US since your re-entry permit expired back in April.  An SB-1, returning resident visa, would probably be denied since you have no good excuse for not returning before April, as the US border is not closed to returning LPRs.  So here is where your marriage in Canada question makes more sense--get married to your USC fiance in Canada, then he should file an I-130 petition for a CR-1 visa for you, it will take a year or more, and in that time, a few months before your visa interview in Montreal, he can return to the US before you and get a job to qualify as your financial sponsor, and re-establish a US domicile.  Then once your CR-1 visa is approved, you follow to join him with your USC daughter.  Good luck!

[Unlockable 7,314]

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Edited July 3, 2020 by Unlockable

[Ryan H 3,812]

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